Michel Ledoux is a lawyer specializing in occupational health law. Today we are talking about the rights of employees at work in terms of vaccination.
franceinfo: When I get vaccinated on my own, outside of the occupational health service, can I go there during my working hours?
Michel Ledoux: We must indeed distinguish two scenarios. Either you get vaccinated in the employer’s occupational health services, and you can do it during working hours without having to seek the employer’s consent. The employer is obliged to accept that we go to be vaccinated. You have to warn him of his absence, but you don’t have to ask for his consent. The causes of this medical examination do not have to be given to the employer, it remains strictly confidential.
But if you are vaccinated in a vaccination center or with your doctor, you must seek the employer’s agreement.
Do I have a guarantee that all of this will remain confidential?
It’s totally confidential. When we go to the vaccination, we do not have to say that we are going to be vaccinated, and obviously the result is strictly confidential.
Can an employer force his employees to be vaccinated?
No. Apart from a few compulsory vaccinations, for some workers who work in care centers for the elderly, no vaccination is compulsory, a fortiori that concerning the Covid. Only the legislator can do it.
Can an employer make vaccination a condition for returning to the site?
No. It is absolutely impossible.
And can an employee refuse to return to work because his colleagues are not vaccinated?
No. He would take considerable disciplinary risks.